The power of Appellate Court under sub section (1) of Section 389 Crpc have
to be interpreted and under stood in a broader sense. There may not be an
express provision for empowering the Appellate Court to pass any conditional
order regarding depositing of fine amount. Nonetheless,the power of suspension
u/ s 389 Crpc is a discretionary power and has to be exercised judiciously.
The provision of section (3) 389 and the power of Appellate Court u/ s 386 (3)
have to be read conjointly and the residuary power s under Section 386(3) makes
it abundantly clear that the appellate court can make any amendments or
consequential or incidental order that may be just or proper and the said order
need not be a final order.
There was no statutory rights conferred on a convicted accused to have the
sentences imposed suspended pending hearing of the appeal. It was only a matter
of discretion on the part of the appellate Court while exercising the the
discretion, it is permissible for the Appellate court to impose any equitable
condition s as it thinks just and proper. Therefore, the condition to insist
deposit of payment of fine amount or part thereof can't be assailed as illegal.